Reply by Betsy

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Posted on Table saw maker not to blame for man slicing his fingers

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3391 posts in 3861 days

#1 posted 10-16-2008 06:50 AM

It was certainly interesting to see this case come up. I would like to have known what the pre-trial offers/demands were as well. It could be that Delta offered nothing. A lot of defendants are finally saying that they would rather take their chances at trial as opposed to saving money on legal fees by settling before trial. In other words, some defendants are saying, “I know if I settle now, even though we are not wrong, it will cost me less” but “if I take it to trial it may cost me more in legal fees but I have a good chance of winning the moral victory.” As I recall, Disney did this a number of years ago and actually got a reputation for not settling and taking every case to trial. It soon found itself with a lot less claims. When the plaintiff’s lawyers could not make a good buck on taking cases that would settle for very little effort, it was no longer profitable to take those little cases. So now when you see a case against Disney – you know there is probably some merit to it. Not that every case is a bad mark against Disney – just that a lawyer thinks he’s got a good chance of winning. There are several other corporations that are taking this hard line. Maybe Delta is one of them. A lawyer is not going to take a case on unless he/she thinks they will win – because they don’t make money unless they win. They make more money by settling without going to trial. Going to trial is a very expensive and risky proposition. It can be lucrative, but it’s expensive and risky all the same.
I’m rambling – sorry.

Long and short though – use your safety devices and if you loose a finger—- don’t blame the saw.

-- "Our past judges our present." JFK - 1962; American Heritage Magazine

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